From Casetext: Smarter Legal Research

Bailey v. State

Supreme Court of Georgia
Jan 5, 1968
159 S.E.2d 286 (Ga. 1968)

Opinion

24427.

SUBMITTED DECEMBER 11, 1967.

DECIDED JANUARY 5, 1968. REHEARING DENIED JANUARY 18, 1968.

Abandonment. Polk City Court. Before Judge Flournoy.

Marson G. Dunaway, Jr., for appellant.


This court's jurisdiction of this appeal is predicated upon alleged constitutional questions raised by the appellant's challenge to the array of jurors who found him guilty of abandonment of his child. However, none of the grounds of the challenge properly presents any constitutional question for decision by this court. Grounds 1 and 2 involve mere application of unambiguous constitutional provisions to a given state of facts. See Baker v. State, 198 Ga. 291 ( 31 S.E.2d 397). Ground 3 attacks "The statute enacted by the General Assembly for the selection of juries," with no further identification or citation, as violating "Section 5102 [sic], Georgia Constitution, Chapter 2," "Article XIV, Constitution of the United States," "Section 2-102, Constitution of Georgia," and several other "Sections" of the Georgia Constitution, thus not identifying the law attacked or the provisions of the Constitution it is contended to violate. See Tomlinson v. Sadler, 214 Ga. 671, 673 ( 107 S.E.2d 215); Williams v. State, 217 Ga. 312, 313 ( 122 S.E.2d 229).

Transferred to the Court of Appeals. All the Justices concur.

SUBMITTED DECEMBER 11, 1967 — DECIDED JANUARY 5, 1968 — REHEARING DENIED JANUARY 18, 1968.


Summaries of

Bailey v. State

Supreme Court of Georgia
Jan 5, 1968
159 S.E.2d 286 (Ga. 1968)
Case details for

Bailey v. State

Case Details

Full title:BAILEY v. THE STATE

Court:Supreme Court of Georgia

Date published: Jan 5, 1968

Citations

159 S.E.2d 286 (Ga. 1968)
224 Ga. 36

Citing Cases

Bailey v. State

An additional ground of defendant's challenge to the array was that the statute enacted by the General…